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(영문) 대전지방법원서산지원 2020.09.23 2020고단816
출입국관리법위반등
Text

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

A. Defendants in violation of the Immigration Control Act are Chinese nationality foreigners, and Defendant B entered the Republic of Korea on September 30, 2008, and was found to have been subject to a disposition of departure order on August 5, 2014, after entering the Republic of Korea on or around September 30, 2008. Defendant A voluntarily departs from China on or around August 5, 2014. Defendant A entered the Republic of Korea on or around June 26, 2009 and was discovered to have been forced to stay for illegal stay on or around February 9, 2012.

Where a foreigner intends to enter, he/she shall undergo an entry inspection by an immigration control official at an entry and departure port.

Nevertheless, it is difficult to re-entry the Republic of Korea due to forced departure power, etc., and the Defendants were willing to enter the Republic of Korea through the coast of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Republic of Korea, using rubber boats purchased on the Internet along with China's Huyang-si Mayang-si, Manyang-si, China.

At around 12:00 on September 24, 2019, the Defendants: (a) boarded and departing from a rubber boat prepared in advance at a impergic port located in the city of the Republic of China (hereinafter referred to as the “U”), and (b) went to the Republic of Korea after driving the rubber boat around 08:00 on September 25, 201; (c) went to the port near the port near the port of the Republic of Korea located in the Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendants left the said rubber boat.

Accordingly, Defendants conspired with C and entered Korea without undergoing entry inspection by immigration control officials at the port of entry and departure.

(b) Any person or cargo that enters Korea in violation of the Quarantine Act shall undergo a quarantine inspection under the Quarantine Act;

Nevertheless, in collusion with C, the Defendants did not undergo the quarantine inspection while entering Korea at the same time and place as above in collusion with C.

Accordingly, the Defendants did not undergo a quarantine inspection under the Quarantine Act while entering Korea in collusion with C.

2. Defendant A along with Defendant C.

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